Posted: November 26, 2024
Code of Judicial Administration – Comment Period Closes January 10, 2025
CJA 4-202.08. Fees for records, information, and services. Amend. The proposed amendments: 1) set the fee waiver limit for government entities at $10.00 per transaction to ensure consistent application across the state; 2) set the fee for access to audio records of court proceedings via the FTR Cloud at $10.00 per transaction; 3) allow the State Court Administrator and Clerks of Court to waive the one free copy limit; and 4) identify individuals and entities that qualify for bulk data fee waivers.
CJA 4-403. Electronic signature and signature stamp use. Amend. The proposed amendments grant district, juvenile, and justice courts the discretion to authorize clerks to electronically sign or stamp additional document types without judicial review by issuing a standing order signed by the presiding judge of the district, or for justice courts, a local standing order pre-approved by the presiding justice court judge of the district. The amendments also specify when such authorization must be documented in writing in the case.
Posted: November 18, 2024
Standing Committee on Appellate Representation – Comment Period Ends January 2, 2025
Rule 11-401. Standing Committee on Appellate Representation. Amend.
There are two amendments to this rule. The first amendment relates to the qualifications for the appellate rosters. The amendment adds a requirement that an attorney applying for the appellate rosters list and explain the reasons for all cases in which the attorney requested ten or more extensions for criminal cases, or two or more extensions for juvenile cases. The second amendment relates to the logistics and timing of the application and reapplication process for the appellate rosters.
Posted: November 6, 2024
Rules of Appellate Procedure Comment Period Closes December 21, 2024
URAP008. Stay or injunction pending appeal. Amend. The Committee proposes amending Rule 8 to: 1) remove paragraph (a)(1)(B) as this relief is already covered by paragraph (a)(1)(A); 2) update the injunction standard in paragraph (d) to match the standard in Rule 65A of the Rules of Civil Procedure; 3) update the standard for a stay in paragraph (c) with a list of factors and eliminate language about the case presenting a serious issue; and 4) clean up language and format for clarity and consistency.
URAP010. Procedures for summary disposition or simplified appeal process. Amend. The Committee proposes amending Rule 10 to remove paragraph (c) and allow Rule 22 to govern extensions.
Posted: October 29, 2024
Rules of Evidence – Comment Period Closes December 13, 2024
URE1102. Reliable Hearsay in Criminal Preliminary Examinations. Amend. The proposed amendment adds a reference to the legislative joint resolution that amended this rule earlier this year.
Posted: October 28, 2024
Code of Judicial Administration – Comment Period Closes December 12, 2024
CJA03-302.Clerk of the court. Amend. The proposed amendments bring the rule in line with current practice, help court employees understand the Clerk of Court’s role, and update language and other terms for consistency purposes.
CJA03-303. Justice court clerks. Amend. The proposed amendments clarify the role of non-court staff in justice court operations and codify the Judicial Council’s decision to restrict access to the courts’ case management system when certification requirements have not been met.
CJA04-401. Proceedings conducted by remote transmission. New. The proposed rule requires that remote court proceedings be conducted exclusively via a video conferencing platform approved by the Judicial Council. The Council may grant exceptions.
Posted: October 25, 2024
Rules of Professional Conduct – Comment Period Closed December 9, 2024
Rule 3.3. Candor toward the tribunal. AMEND. The proposed amendment would align the rule and intent with the model rule as was originally done. Utah restructured this rule by renumbering paragraphs from the model rule. In doing so, the model language (now in subsection (d)) included that “the duties stated in paragraphs (a) and (b)” required disclosure but omitted the new paragraph (c). The language of Utah paragraph (c) is found in model rule paragraph (b). The comments were also amended to reflect correct citations.
Posted: October 10, 2024
Rules of Civil Procedure – Comment Period Closed November 24, 2024
URCP0107. Decree of adoption; Petition to open adoption records. AMEND. Proposed amendments are made to reflect the requirements found in Utah Code section 78A-6-141 and Utah Code of Judicial Administration Rule 4-202.03, as well as, to conform to the style guide for the rules.
URCP026.4. Provisions governing disclosure and discovery in contested proceedings under Title 75 of the Utah Code. AMEND. Proposed amendments are made to reflect the recodification of the probate code to reference additional Utah Code titles, as well as, to conform to the style guide for the rules.
Posted: September 5, 2024
Notice of Approved Amendments and Public Comment Period for Utah Code of Judicial Administration – Comment Period Closed October 20, 2024
CJA3-102. Assumption of judicial office. (AMEND) Clarifies that the Judicial Council may extend the qualification time period for an appointee confirmed by the Senate when the judge the appointee is replacing has not ended their term.
CJA4-206. Exhibits. (AMEND) The proposed amendments reflect recent statutory changes concerning the receipt, retention, and exposal of court exhibits.
CJA4-101. Manner of Appearance. (NEW) The Supreme Court recently adopted rules of civil, criminal, and juvenile procedure identifying factors judges should consider when setting in-person, remote, and hybrid hearings. This rule is a companion rule addressing notice and compliance.